Hearing of the Oversight and Investigations Subcommittee of the House Armed Services Committee - Guantanamo Detainee Transfer Policy and Recidivism

Statement

U.S. Rep. Rob Wittman (R-Va.), the chairman of the Armed Services Subcommittee on Oversight and Investigations, today released the following statement for the hearing on Guantanamo Bay detainee transfer and recidivism:

"Welcome to the Oversight and Investigations subcommittee's hearing on the U. S. government's Guantanamo detainee transfer policies and procedures, and the "reengagement' of some former detainees in terrorist activities. Earlier today, Subcommittee members received a classified briefing on these issues from our invited witnesses in a closed session. We will examine these issues further in this open hearing.

"As a consequence of the nation's response to the 9/11 terrorist attacks, the United States took custody of a large number of individuals in Afghanistan and elsewhere who were believed to be "Enemy Combatants.' Many of these individuals were sent to the U.S. naval station at Guantanamo Bay, Cuba for detention. Since the facility became operational in January 2002, a total of 779 detainees have been held at Gitmo.

"Beginning not long after the Gitmo facility was established, detainees have been released or transferred from it to other countries, under conditions meant to minimize any danger they posed.

"When President Obama took office, 242 detainees remained at Gitmo. Days after the President's inauguration, he announced his intention to close Guantanamo and issued an Executive Order establishing an interagency Task Force to determine, among other things, whether it is possible to transfer or release any of the remaining detainees in a manner which was "consistent with the national security and foreign policy interests of the United States.'

"The Task Force determined a detainee was eligible for transfer if any threat he posed could be "sufficiently mitigated through feasible and appropriate security measures.' The Task Force also evaluated specific countries to which detainees might be sent.

"As a result of the Task Force's year-long review, 126 of the 242 remaining detainees were approved for transfer. To date, 67 of the 126 have been relocated: 26 to their home countries, and 41 to other nations.

"When undertaking transfers, officials in the Obama Administration, like the Bush Administration before it, endeavored to ensure that recipient countries would implement appropriate security measures and closely monitor detainees to minimize the possibility that they would reengage in terrorist-related activities. Officials have also sought assurances from receiving nations that these individuals would not be mistreated.

"In practice, however, there appears to be great variation in the treatment of former detainees. In some cases, they have been prosecuted or imprisoned upon transfer; others have been closely supervised; and still other detainees, especially those sent to Saudi Arabia, have been placed in "rehabilitation' programs. But, many other former detainees have faced little or no legal consequences or restrictions on their activities or actions post-transfer.

"More alarming, however, is the fact that according to an unclassified December 2010 report from the Office of the Director of National Intelligence, 25 percent of the detainees transferred or released from Gitmo since 2002 are confirmed or suspected of reengaging in terrorist or insurgent activities. This is a substantially higher rate than the 8 percent rate of confirmed or suspected reengagement reported in May 2008.

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"Shockingly, some of the former detainees have reportedly been involved in attacks against U.S. and coalition forces in Afghanistan and Iraq. Others have recruited for al-Qaida and provided other direct support for our enemies. In rejoining the fight, these individuals threaten our deployed forces and endanger our security.

"Two months ago, when testifying before Congress, Secretary of Defense Robert Gates declared that the United States "has been very selective in terms of returning people,' and he conceded "we're not particularly good at predicting which returnee will be a recidivist.'

"The Intelligence Community assesses that the rate of reengagement is likely to increase in the future, in part because detainee reengagement activities do not typically become apparent until two or more years after detainees have left Gitmo.

"As detainees continue to be released from Gitmo, it is essential that the government develop "lessons learned' from the past in order to properly inform future policy.

"This hearing is one component of a larger effort by the Subcommittee to conduct a long-term, bipartisan investigation of Guantanamo Bay detainee transfer practices and procedures. It will make recommendations to improve the process.

"Our purpose today is to examine the U.S. government's current process for transferring detainees, the assurances negotiated with host-nation countries regarding security and humane treatment, and the mechanisms in place for post-transfer monitoring.

"I believe the high rate of reengagement is alarming. I'm interested in determining if the government conducted sufficient due diligence when identifying detainees for transfer or release, and if their destinations were properly assessed. In some cases, it seems detainees were sent to relatively unstable nations. These seem to be unlikely locations to receive potentially threatening individuals, and I am eager to understand better these decisions."

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